Grzegorz Materna, Pojęcie przedsiębiorcy w polskim i europejskim prawie ochrony konkurencji [The notion of an entrepreneur in Polish and European competition law], Wolters Kluwer, Warszawa 2009, 296 p.
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Filipowski - Materna, Pojęcie przedsiębiorcy w polskim.pdf (226.36 KB)
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2010
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Center for Antitrust and Regulatory Studies
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Abstract
The notion of an ‘undertaking’ (used by Community competition law) or ‘entrepreneur’ (used by Polish antitrust law) is one of the most fundamental concepts of every competition law system because it defines the personal scope of its application. In other words, the understanding of this term determines the addressees of the material and procedural provisions included in specific competition law rules. Community competition law does not contain a legal definition of the notion of an ‘undertaking’ and thus the term must be reconstructed from the jurisprudence of the ECJ. The core of the definition was formulated in case C-41/90 Höfner i Elser v Macrotron where the ECJ ruled that the notion of an ‘undertaking’ encompass every entity engaged in an economic activity, regardless of their legal status and the way in which they are financed. Since the original definition was clearly of a general nature, the Court was frequently required to develop it further determining whether and under what conditions can the status of an undertaking be attributed to a specific type of entity (e.g. those engaged in some form of social activities, individual agents or employees, institutions exercising public authority).